HF 1334

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying certain
exemptions for an iron nugget production scale
demonstration facility; amending Laws 2004, chapter
220, section 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Laws 2004, chapter 220, section 1, is amended
to read:

Section 1. Environmental review; iron nugget production
scale demonstration facility exemption.

(a) The first iron nugget production scale demonstration
facility that meets all of the criteria in this section shall be
exempt from environmental review under Minnesota Statutes,
chapter 116D and Minnesota Rules, chapter 4410. The qualifying
project must:

(1) be the first iron nugget production scale demonstration
facility in Minnesota;

(2) involve a single rotary hearth furnace of maximum
deleted text begin outside deleted text end new text begin pitch circle new text end diameter new text begin , as measured from the midpoint of
hearth to the midpoint of hearth, new text end of 60 meters;

(3) be located outside the area adjacent to the north shore
of Lake Superior classified as the lake orientation zone in the
Department of Natural Resources report entitled "North Shore
Characterization Study"; and

(4) have complete permit applications submitted to the
appropriate state agencies deleted text begin in calendar year 2004 deleted text end new text begin by June 30,
2005, new text end for all permits required to construct and operate the
facility.

(b) The Department of Natural Resources, the Environmental
Quality Board, the Pollution Control Agency, and any other state
agency with applicable permit-granting authority shall provide
public notice for any necessary permits for the iron nugget
production scale demonstration facility within four months of
receiving complete applications.

(c) If the first iron nugget production scale demonstration
facility to qualify for this exemption is proposed at a
stationary source that has permitted taconite pellet furnaces,
permanent shutdown of those pellet furnaces, prior to start-up
of the iron nugget production scale demonstration facility,
shall be a requirement in the iron nugget production scale
demonstration facility air quality permit. The shutdown of
these furnaces shall not be creditable in calculating the "net
emissions increase," as defined in Code of Federal Regulations,
title 40, section 52.21, for this project.

(d) The Pollution Control Agency shall strive in the
permitting process to assure the lowest mercury emissions
reasonably possible.

(e) Permit applications must comply with applicable law,
except that an iron nugget production scale demonstration
facility that meets the criteria in this section is exempt from
environmental review under Minnesota Statutes, chapter 116D and
Minnesota Rules, chapter 4410, and the company is not required
to perform an environmental review before permits are issued for
the iron nugget production scale demonstration facility.

(f) The construction and operation of the iron nugget
production scale demonstration facility will demonstrate whether
the technology is technically and economically feasible at this
larger scale. Environmental data from the operation of the iron
nugget production scale demonstration facility may be used in
the environmental review and permitting of commercial scale
facilities built elsewhere in Minnesota.

(g) The exemption does not affect any existing permit
requirement that may require environmental review for a
commercial scale iron nugget facility at an existing taconite
facility located within the area adjacent to the north shore of
Lake Superior classified as the lake orientation zone in the
Department of Natural Resources report entitled "North Shore
Characterization Study."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end